Title 22, Foreign Relations and IntercourseRelease 119-110

§10503 Minimum Standards for the Elimination of Corruption and Assessment of Efforts to Combat Corruption

Title 22 › CHAPTER 112 — COMBATING GLOBAL CORRUPTION › § 10503

Last updated Sep 23, 2026|Official source

Summary

Requires a country’s government to have and use strong anti-corruption laws and systems. The government must pass and carry out laws that ban corruption, punish people found guilty after a fair trial, give big corruption penalties similar to those for serious crimes, and keep working over time to prevent and fight corruption. When deciding if a country is doing enough, the Secretary of State looks at many things: whether corruption is a crime and offenders are investigated, prosecuted, convicted, and jailed when appropriate; whether public officials (including those sent abroad) are held to account; whether the government runs prevention and public-education programs; whether officials are barred from taking part in corruption and are investigated and punished if they do; whether civil society can report, investigate, and monitor corruption; whether courts can hear corruption cases fairly and without pressure; whether the country helps international investigations and extraditions; whether victims and whistleblowers are protected; whether stolen assets are recovered and returned when appropriate; whether financial transparency rules follow Financial Action Task Force guidance, including beneficial ownership checks; whether the country enables corruption abroad through state-directed investments, loans, or grants; and any other relevant information. The Secretary also considers a country’s compliance with certain treaties, including the Inter-American Convention against Corruption (Caracas, March 29, 1996), the OECD Anti-Bribery Convention (Paris, December 21, 1997), the UN Convention against Transnational Organized Crime (New York, November 15, 2000), the UN Convention against Corruption (New York, October 31, 2003), and other U.S.-ratified treaties the Secretary finds appropriate.

Full Legal Text

Title 22, §10503

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

The government of a country is complying with the minimum standards for the elimination of corruption if the government—

(1)has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption;

(2)enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws;

(3)prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and

(4)is making serious and sustained efforts to address corruption, including through prevention.

(b)Factors for assessing government efforts to combat corruption

In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as—

(1)whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;

(2)whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption;

(3)whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;

(4)what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials;

(5)the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;

(6)whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);

(7)whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors;

(8)whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;

(9)whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons;

(10)whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption;

(11)whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements;

(12)whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and

(13)such other information relating to corruption as the Secretary of State considers appropriate.

(c)Assessing government efforts to combat corruption in relation to relevant international commitments

In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country’s compliance with the following, as relevant:

(1)The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996.

(2)The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the “Anti-Bribery Convention”).

(3)The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000.

(4)The United Nations Convention against Corruption, done at New York October 31, 2003.

(5)Such other treaties or conventions ratified by the United States as the Secretary of State considers appropriate.

Reference

Citations & Metadata

Citation

22 U.S.C. § 10503

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 23, 2026

Release point: 119-110